Under the bell 丨 The company determined that the related facilities and materials of the merchants and materials of the company were relieved before the retirement of the retirement of the labor contract

If no accident, Master Wu Wei has officially retired for more than a month. However, before retirement, the company's "Decision of Labor Contract" broke his expectations for retirement. The company dismissed Master Wu for reasons such as "illegal selling merchants and supplies, and obtaining improper benefits". Master Wu believes that the company's reasons for dismissing him are inconsistent with the facts, and the company's compensation standards for their own compensation are not complied with legal regulations. In the past 5 months, he has been busy on the road of rights protection.

He has been retired for more than 3 months. He was suddenly dismissed

Master Wu was born on May 28, 1967, and worked in a leather factory after his retirement. The work of the leather factory is a harmful work, and he can retire at the age of 55. After the unit closed down, Master Wu had worked in other jobs. In 2016, he started working in Yingli Xi'an Taibai Impression City, that is, Xi'an Yajian Real Estate Development Co., Ltd., and his posts were technical posts. For more than 5 years, Master Wu and colleagues of the Ministry of Property Engineering have been responsible for maintaining the normal operation of facilities and equipment in the city of Too Bai.

On February 21 this year, Master Wu received a "Decision of Labor Contract Decisions" given by the personnel affairs of the Yinli Xi'an Taibai Impression City project. In the "Decision", the company claimed that Master Wu had a serious violation of the company's "Standard Standards for Employees" from July 2021 to February 2022.

On the same day, Yinli Chengdu City Commercial Company, the superior company of Yingli Xi'an Taibai Impression City, reported in the "Decision on the Disposal of the Tai Bai Impression City Wu Wei" that the company "discovered Wu Wei's 2021 7- In August, the related facilities and supplies of the merchants (fish factories) were sold in violation of regulations. They obtained improper gains, and there were still abuse to threaten colleagues and disturb the company's normal office order, which affected bad. "However, Master Wu did not recognize his speech by the company's dismissal.

Whether there is an improperly obtained employee and the company's statement differently

What is the company's determination of Master Wu's illegal selling merchant facilities and supplies? In order to prove the innocence, Master Wu provided two "Specifications" to the company and attached the signature of relevant colleagues. The reporter saw that Master Wu mentioned in the situation that in July last year, under the arrangement of the company's property engineering manager, he and several other employees of the Property Engineering Department maintained the problem of leakage of the sewer on the sewer on the negative layer of merchants (fish factories). After the maintenance, in the case of the manager of the property engineering department, everyone will sell the construction waste and the waste products that need to spend money on the company, a total of 900 yuan. The cash was left to the department colleague Xiaoli on the spot, and then used as a meal for department employees after overtime.

In August last year, a survey report on the "Investigation Report on the Unexpected Layer of Fish Factory with Engineers with Shop" (hereinafter referred to as the "Investigation Report") mentioned that Master Wu and others were in charge of the department in charge of the department. Under the arrangement, perform maintenance operations, and then sell construction waste products for overtime meal fees. After learning that the company's operation department reported that Master Wu and others "sold the company's property", they explained to the manager of the operation department on this matter, and during the period, they had a conflict between the two parties.

For the sale of construction waste, Master Wu said it was not his own behavior. On July 6, Master Wu told reporters that several other employees of the company and the Property Engineering Department terminated the labor contract through negotiation and obtained the compensation for their due compensation.

On the evening of July 5, Xiao Li and other colleagues signed by the "Description" provided by Master Wu provided by Master Wu confirmed to reporters that the situation of Master Wu's statement was true. The reporter contacted the company's original property engineering manager. He was reluctant to say more about the matter, saying that the real situation of the matter was mainly based on the "Investigation Report".

The company claims that the relevant evidence has been submitted to the arbitration agency

On July 4, Ms. Zhang, the personnel Zhang of the Yinli Xi'an Tai Bai Impression City project, told reporters that the dismissal of Master Wu was determined by the superior company Yinli Chengdu City Commercial Company. She did not know the specific consultation process. The reporter contacted the Personnel King of the Chengdu City Commercial Company. He said that on June 29, the labor arbitration initiated by Master Wu had successfully opened, and the company had arranged a full -time lawyer to represent the case, which was fully commissioned by lawyers to deal with it. Recording and photos of Master Wu's improper gains and other incidents have been submitted to the arbitration agency.

"The dispute between the company and Master Wu belongs to a labor dispute. Under the coordination of the police station in March this year, Master Wu signed the" Promise Book "with the company. "Director Wang said that the company and Master Wu's termination of labor contracts did not belong to the negative termination. It belongs to the company's unilateral termination of labor contracts because of its violation of relevant regulations. According to the law, employees have serious disciplinary violations, and the company does not need to pay any labor compensation when terminating the labor contract. At present, the company does not recover Master Wu's improper profit. If he continues to affect the company's normal operation, the company will consider taking the litigation procedure.

The compensation standard should be based on the average salary of the previous 12 months

For the compensation, Master Wu said that on March 10, under the mediation of the police station in the jurisdiction, he reached an agreement with Yinli Xi'an Tai Bai Impression City, agreed that the company made compensation according to his monthly salary (working period +1). At that time, he signed the idea of ​​resolving the dispute as soon as possible, but after understanding, he knew that the monthly wage stipulated in the law should be the average number of annual income after the annual income. The monthly salary is his basic salary of more than 3,000 yuan per month. "I always do not recognize the reason for the company to dismiss me, and the compensation does not give me the compensation in accordance with the law." Master Wu said that in early May, he applied for labor arbitration and applied for the company to determine that he was not established. Compensation for him. Regarding Master Wu's dismissal, Lawyer Zhang Zhen, Shaanxi Xu Xiaoping Law Firm said that according to Article 39 of the Labor Contract Law, if a worker seriously violates the regulations of the employer, the employer may terminate the labor contract. Essence In response to the facts identified by the employer, the two parties have their own words. Master Wu allows the manager of the property engineering department and colleagues who keep the money to testify in court to prove that he is fulfilled by the manager of the property engineering department and did not occupy money.

The two parties have signed an agreement. Zhang Zhen said that according to Article 47 of the Labor Contract Law, economic compensation is paid to the workers according to the standards of working in the unit and a monthly salary of a monthly salary. The monthly salary referred to in this article refers to the average salary of the labor contract or termination of the 12 months before the labor contract is terminated or terminated. Therefore, the average salary of economic compensation standards should be calculated as the calculation base in the past 12 months. However, Mr. Zhang mentioned that Master Wu has signed a mediation agreement with the employer. The two parties reached an agreement on the lifting of labor relationships under the premise of voluntary equality. Institutional support.

Source: Text/Tu Xi'an Newspaper All Media Reporter Yao Ruidan

Edit: Li Xiaotian ｜ Review: Siyuan

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